Pennington v. Townsend
New York Supreme Court
Error from the New-York common pleas. The plaintiffs declared as the holders of a check, dated the 19th November, 1825, for $200, drawn by the defendant on the Dutches County Insurance Company, payable to Joseph F. White or bearer ; the declaration also contained the common money counts. The drawing of the check, its presentment and dishonor were admitted.
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Error from the New-York common pleas. The plaintiffs declared as the holders of a check, dated the 19th November, 1825, for $200, drawn by the defendant on the Dutches County Insurance Company, payable to Joseph F. White or bearer ; the declaration also contained the common money counts. The drawing of the check, its presentment and dishonor were admitted. The payee of the check, called as a witness by the defendant, testified that it was lent to him by the defendant for his accommodation, (the defendant having received no consideration for it,) on the twelfth day of November, 1825? although…
1Opinion of the Court
By the Court,
Nelson, J.
I am of opinion the charge of the court below to the jury was unexceptionable, and their verdict fully warranted by the proof. The law of 21st April, 1818, forbids any person, or association of persons, or body corporate, to keep an office of deposit for the purpose of discounting promissory notes, or for carrying on any kind of *279banking business, or operations ; or to issue any bills or promissory notes, as private bankers, unless authorized by law.
Now the evidence proves, that the entire business of this institution, which was incorporated by the legislature of…
2Cases cited2 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Utica Insurance v. CadwellNew York Supreme Court · 1829
3Cited by33 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
- Exchange Bank of Virginia v. County of LewisWest Virginia Supreme Court · 1886
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